Wednesday, December 04, 2013

Family Lore Clinic: What wording is used for a clean break in a mutual consent order?

As usual, the term 'consent order' is taken to mean the court order setting out an agreed financial/property settlement on divorce.

A 'clean break' basically says that the financial settlement agreed by the parties is intended to be final. Accordingly, it must make sure that neither party can make any further financial/property claims against the other. The wording of the 'clean break' clause in a consent order therefore simply dismisses all financial/property claims by either party against the other (those claims must be made prior to the consent order) and states that neither party shall be entitled to make any further claim in relation to the marriage, including any claim against the estate of the other party.

The exact wording of the clause may vary from case to case, for example where the clean break is conditional upon something else happening first, such as the sale of the former matrimonial home.

Obviously, drafting any court order is not a trivial matter and the advice of a specialist family lawyer should always be sought.

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